On June 3rd 2023, the U.S. Indo-Pacific Command issued a report detailing a near collision between Chinese navy warship LY 132 and USS Chung-Hoon as the US and Canada conducted a joint sailing through the Taiwan Strait. The report attributes the hazardous nature of the encounter to “unsafe maneuvers” performed by the Chinese Warship, violating maritime ‘Rules of the Road’ of safe passage in international waters. Under the United Nations Convention on the Law of the Sea (UNCLOS), which China has ratified and the US respects, international ships maintain the right to innocent passage...
International Law in Brief
International Law in Brief (ILIB) is a forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
On May 17, 2023, during the Council of Europe Summit in Iceland, several Ministers from Council of Europe member states announced the establishment of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine. According to a press release from the Council of Europe, the Register marks an important step towards accountability for crimes committed by Russia in Ukraine. It is reported that the European Union has made a substantial contribution to get the Register up and running. The Register will be based in The Hague, and there will be a satellite office in...
On Wednesday, May 10, Russia announced its withdrawal from the Treaty on Conventional Armed Forces in Europe. The Treaty was signed in 1990 and was aimed at creating a balance between NATO and the Warsaw Treaty Organization so that neither could amass forces in such large numbers so as to enable a blitzkrieg-like offensive military campaign. As reported by JURIST, Russia suspended its participation in the Treaty in 2007, but remained a party until now.
On April 28, 2023, the UN Committee on the Elimination of Racial Discrimination issued reports regarding the state of human rights in Argentina, Niger, the Philippines, Portugal, Russia, and Tajikistan. The report reviewed each country’s performance under the International Convention on the Elimination of All Forms of Racial Discrimination and found systemic racial inequities throughout these countries, including concerns about racial profiling, slavery, and human rights violations. In Argentina, the Committee had concerns about police violence and profiling’s disproportionate impact on...
On April 27, 2023, following a review commissioned by the Australian government, the Australian Minister for Home Affairs Claire O’Neill declared the nation’s migration system to be “broken” due to Australia’s uncapped restrictions on temporary visa-holders. This system doubles migrant numbers without a clear pathway for them to obtain permanent residency. In a statement to the press, O’Neill said, “Australia’s migration system has become dominated by a very large, poorly designed, temporary program, which is not...
From April 24 to April 26, 2023, the Seminar on Cooperation with national focal points took place at the seat of the International Criminal Court (ICC or the Court) in The Hague, The Netherlands. Over the course of three days, officials and focal points from 19 member states met with Court officials and staff to discuss cooperation with the ICC and share good practices. As ICC President Judge Piotr Hofmański stated, “the effective cooperation of States with the ICC is of central importance to the Court . . . by working together, we can make, little by little, headway toward reducing the...
On April 25, 2023, the UN Human Rights Office condemned audio recordings which appear to contain authority figures on both sides of the war in Ukraine ordering soldiers not to take prisoners of war and instead execute those who are captured. The leader of Wagner Group, a prominent Russian paramilitary organization, posted an audio recording on April 23 on the popular messaging app Telegram declaring that his combatants will “kill everyone on the battlefield” and not take prisoners of war. This recording was in response to another recording. Although the authenticity of the recording is not...
On April 25, 2023, the International Criminal Court (ICC) and European Union Agency for Law Enforcement Cooperation (Europol) signed a Working Arrangement that creates a legal framework to establish collaborative efforts between ICC and Europol and foster the sharing of information, knowledge, and expertise. ICC President Piotr Hofmański issued a statement expressing his approval of the framework, stating, “Europol’s expertise and specialist knowledge is world-...
On April 19, 2023, at the 22nd United Nations Permanent Forum on Indigenous Issues (UNPFII), a New Zealand environmental group alleged that the New Zealand forestry industry has committed breaches against indigenous rights. A representative of Mana Taiao Tairāwhiti, the environmental group, testified that there have been “irreversible landscape changes” including severe deforestation, irresponsible forestry practices, and climate change that have damaged the...
On April 15, 2023, the EU agreed to implement reforms to the Emissions Trading System (ETS) as the EU seeks to achieve climate neutrality. The improvements strive to lower industrial emissions in favor of investment in climate-friendly technologies. The reforms call for a 62% reduction in emissions in the ETS sectors by 2030, a significant shift from the previous goal of a 55% reduction in emissions. Rapporteur Peter Lise commented on the reforms and hopes that...